Disciplinary proceedings and negligence

In the case of Coventry University v. Mian, the Court of Appeal had to decide whether an employer had breached its duty of care to one of its employees by pursuing disciplinary proceedings, and whether they should be liable for… Read on

Judgment on tribunal fees imminent

In July 2013, the Government introduced fees for claimants in the employment tribunals. Fees start from around £160 to issue a claim, with a further fee for a hearing starting at £230. The fee rises depending on the type of… Read on

Round-up of Employment Law Changes in October 2014

National Minimum Wage The new rates of National Minimum Wage for the year 1 October 2014 – 30 September are published: Read the current rates of NMW here Equal pay audits Employment Tribunals must order an equal pay audit upon… Read on

Emergency time off and contacting your employer

In the case of Ellis v Ratcliff Palfinger Ltd, the Employment Appeal Tribunal decided that it was fair to dismiss an employee who had taken emergency time off but who had not properly notified his employer as soon as he… Read on

Was criminal conviction dismissal discrimination?

Was a disabled employee with Asperger’s syndrome discriminated against by being dismissed following a criminal conviction? No, said the Employment Appeal Tribunal in Hensman v Ministry of Defence. Background Mr Hensman suffered from Asperger’s syndrome. He was dismissed as a… Read on

‘Automatism’ dismissal discriminatory?

Could there be discrimination against an employee suffering from ‘automatism’? Not in the recent employment appealtTribunal decision of Howorth v North Lancashire Teaching PCT, where Mrs Howorth was dismissed after having pleaded guilty to offences of theft, dangerous driving… Read on

Did employee’s contract breach exonerate employers of theirs?

Could an employee’s own breach stop them from claiming against the employer? No, according to the Employment Appeal Tribunal in the recent case of Atkinson v. Community Gateway Association. Background Mr Atkinson wanted to bring a claim of constructive dismissal… Read on

What does “without prejudice” mean?

Discussions between an employer and an employee are “without prejudice” where the discussion is with a view to settling an existing claim. This means that, where there is an Employment Tribunal claim, or a dispute that might lead… Read on